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HON. JUSTICE ISA AYO SALAMI v. NATIONAL JUDICIAL COUNCIL & ORS

(2014) JELR 36693 (CA)

Court of Appeal  •  CA/A/175/R/2013  •  28 Feb 2014  •  Nigeria

Coram
ABUBAKAR JEGA ABDULKADIR JCA; RAPHAEL CHIKWE AGBO JCA; EJEMBI EKO JCA; THERESA NGOLIKA ORJI-ABADUA JCA; MOORE A. A. ADUMEIN JCA;

Judgement

THERESA NGOLIKA ORJI-ABADUA. J.C.A. (Delivering the Leading Judgment): The Plaintiff hereinafter referred to as the "Applicant" instituted an action against the Defendants, i.e. the Respondents herein, in suit No.FHC/ABJ/CS/723/11 before the Federal High Court, Abuja Division. Upon receipt of the processes served, the 1st Respondent filed a Motion on Notice before the Federal High Court squared on the provisions of Section 254C of the Constitution of the Federal Republic of Nigeria, 1999(as amended) challenging the substantive jurisdiction of the Federal High Court to hear and determine the suit commenced by the Plaintiff. The said Motion was still pending without determination, when the Plaintiff, in turn, filed a Motion on Notice before the lower Court on the 8th February, 2012 in consonance with the provisions of Section 295(2) of the 1999 Constitution of the Federal Republic of Nigeria praying for an order referring to this Court the questions stated by the Applicant in the said M…

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